Note4Students
From UPSC perspective, the following things are important :
Prelims level: Raja Ram Pal Case (2007), Article 105 , Article 20
Mains level: Parliamentary ethics and morals
Central Idea: Expulsion of Mahua Moitra
- A Member of Parliament from West Bengal was expelled from the Lok Sabha over allegations of a cash-for-query scandal.
- Her expulsion highlights the importance of maintaining strict ethical standards and parliamentary etiquette in legislative proceedings.
Parliamentary Etiquette and Rules
- Expected Conduct of MPs: MPs must adhere to rules of parliamentary etiquette, such as not interrupting speeches, maintaining silence, and avoiding obstruction during debates.
- Updated Rules for Modern Protests: In 1989, rules were updated to include prohibitions against shouting slogans, displaying placards, tearing documents, and using electronic devices for protest in the House.
- Rajya Sabha’s Similar Rules: The Rajya Sabha, like the Lok Sabha, has similar rules to ensure smooth conduct of proceedings.
Power of Suspension in Parliament
- Presiding Officer’s Authority: The presiding officer of each House can direct an MP to withdraw from the chamber for disorderly conduct, resulting in absence for the day.
- Naming and Suspension Process: MPs obstructing House business can be “named” by the presiding officer, leading to a possible suspension motion by the Parliamentary Affairs Minister.
- Duration of Suspension: Suspensions can last until the end of the session.
Legal Recourse: Approaching the Supreme Court
- Option for Judicial Review: The expelled MP has the option to challenge the expulsion in the Supreme Court, as explained by former Lok Sabha Secretary General P D T Achary.
- Constitutional Provisions: Article 122 of the Constitution provides immunity to parliamentary proceedings from judicial scrutiny based on procedural irregularity.
- Scope for Judicial Review: Despite this immunity, the Supreme Court in the 2007 Raja Ram Pal case clarified that judicial review is possible in cases of substantive or gross illegality.
The Raja Ram Pal Case (2007)
- Case Background: Raja Ram Pal, a BSP leader, was among 12 MPs expelled in the 2005 cash-for-query scam.
- Supreme Court’s Stance: The Court upheld the expulsion but noted that proceedings tainted by substantial illegality are open to judicial scrutiny.
- Judicial Review of Parliamentary Actions: The Court affirmed its role in scrutinizing legislative actions that infringe on fundamental rights.
Article 105 of the Constitution
- Powers and Privileges of Parliament: Article 105 deals with the powers, privileges, and immunities of Parliament and its Members.
- Judicial Scrutiny of Privilege Enforcement: The Court recognized that the enforcement of privilege by the legislature can be subject to judicial review, within certain constitutional limits.
Grounds for Challenging Expulsion
- Examining Privilege and Procedure: The court can scrutinize whether the privilege cited for expulsion existed and if proper procedures were followed.
- Functioning of Committees: The roles of the Privileges Committee and Ethics Committee are distinct, focusing on investigating misconduct and ensuring dignity in the House.
- Investigative Procedures: Proper investigative procedures, including the right to depose and cross-examine, are essential for fairness and truth-finding.
Determining Offense and Punishment
- Article 20 of the Constitution: This article stipulates that punishment requires an existing law defining the act as an offense.
- Case-Specific Issues: In the case of the expelled MP, issues like sharing Parliament login-passwords and accepting money for questions are examined for rule violations.
- Breach of Privilege and Inquiry: Accepting money for asking questions in Parliament is a breach of privilege warranting inquiry by the Privileges Committee.
Conclusion
- Ongoing Debate and Implications: The case continues to spark debate on the limits of parliamentary privilege, the role of the judiciary, and the ethical standards expected of elected representatives.
- Balancing Authority and Rights: The expulsion case underscores the delicate balance between parliamentary authority and the rights of its members.
- Importance of Judicial Oversight: The potential for judicial review emphasizes the importance of legal oversight in maintaining democratic principles and fairness in legislative processes.
Get an IAS/IPS ranker as your 1: 1 personal mentor for UPSC 2024
Attend Now
Note4Students
From UPSC perspective, the following things are important :
Prelims level: Mauritian Dodo
Mains level: NA
Central Idea
- Mauritian authorities are now working to resurrect the human-caused extinct bird ‘Dodo’.
About Mauritian Dodo
|
Details |
| Scientific Name |
Raphus cucullatus |
| Physical Characteristics |
Large, flightless bird; about 1 meter tall, weighing 10-18 kg; large beak, stubby wings. |
| Habitat |
Endemic to Mauritius, an island in the Indian Ocean; lived in forests and possibly coastal areas. |
| Discovery and Extinction |
Discovered by Dutch Colonist in late 16th century; extinct by the late 17th century, last sighting around 1662. |
| Causes of Extinction |
Human hunting and introduced species like rats, pigs, and monkeys. |
| Diet |
Likely fruits, nuts, seeds, bulbs, and possibly small animals. |
| Behavior |
Exhibited no fear of humans due to lack of natural predators. |
| Cultural Impact |
Symbol of extinct and endangered species; featured in the phrase “as dead as a dodo.” |
| Representation |
Depicted in literature and art, notably in Lewis Carroll’s “Alice’s Adventures in Wonderland.” |
Science of De-Extinction
- Genetic Blueprint: The first step in de-extinction is obtaining a complete and accurate genome of the species.
- Genome Sequencing: Paleo-geneticists have successfully sequenced the dodo’s genome using DNA from a museum specimen.
- Comparative Genomics: The dodo’s genome is being compared with that of its closest extinct and extant relatives to identify unique dodo traits.
Process of Resurrecting
- Editing Genetic Material: The project involves editing the primordial germ cells (PGCs) of the Nicobar pigeon, the dodo’s closest living relative, to express dodo traits.
- Interspecies Surrogacy: These edited PGCs will be inserted into chicken embryos, with chickens acting as interspecies surrogates to potentially birth a dodo offspring.
- Physical Resemblance: The aim is to create a bird physically indistinguishable from historical accounts of the dodo.
Challenges and Concerns
- Scientific Hurdles: Experts emphasize the complexity of recreating a species and the time required for selective breeding to achieve dodo-like characteristics.
- Habitat Restoration: Mauritius’ transformed landscape poses challenges for reintroducing the dodo, necessitating the control or removal of invasive species.
- Alternative Habitats: The project considers reintroducing dodos to more pristine, uninhabited islands like Round Island and Aigrettes.
Motivations behind the Project
- Ecosystem Restoration: Reintroducing the dodo could help restore mutualistic relationships in Mauritius’ ecosystem, particularly in seed dispersal.
- Conservation Technology: The techniques developed could aid in conserving and restoring other endangered avian species.
- Symbolic Value: The project is driven by a desire to create ‘conservation optimism’, using the dodo as a symbol of hope in the face of human-caused extinctions.
Get an IAS/IPS ranker as your 1: 1 personal mentor for UPSC 2024
Attend Now
Note4Students
From UPSC perspective, the following things are important :
Prelims level: Meftal drug
Mains level: Not Much
Central Idea
- Pharma standard body Indian Pharmacopoeia Commission (IPC) has issued a drug safety alert for commonly used painkiller mefenamic acid, popularly sold under the brand name Meftal.
What is Meftal used for?
- Meftal 500, a non-steroidal anti-inflammatory drug (NSAID) is usually prescribed in treatment for conditions like menstrual pain, headache, muscle, joint, or dental pain.
- It has been advised to take the table with food.
- The most common side effects of the medicine include mild vomiting, stomach pain, nausea, headache, and dizziness.
What does the alert against Meftal say?
- IPC stated that a preliminary analysis of adverse drug reactions from the Pharmacovigilance Programme of India (PvPI) database revealed drug reactions with eosinophilia and systemic symptoms (DRESS) syndrome.
- DRESS, also known as drug induced hypersensitivity syndrome, is an adverse drug reaction that can even be life threatening.
- It may cause damage to several organs, especially to the kidneys, heart, lungs, and pancreas.
- The mortality rate is high and is about 10 per cent.
Back2Basics: Indian Pharmacopoeia Commission (IPC)
|
Details |
| Establishment |
1956,
An autonomous body under the Ministry of Health and Family Welfare |
| Primary Objective |
To promote public health by setting and updating standards for drug quality in India. |
| Key Publication |
Indian Pharmacopoeia (IP), a legally recognized book of drug standards. |
| Role in Drug Regulation |
Standards set in the IP are enforceable by law, crucial for India’s drug regulatory framework. |
| International Recognition |
Collaborates with WHO and aligns with global drug standards. |
| Pharmacovigilance Program |
Involved in monitoring and analyzing adverse drug reactions through the PvPI. |
| Quality Control & Training |
Engages in drug quality control and provides training to regulatory bodies and the pharmaceutical industry. |
| Publication Updates |
Periodically updates the IP to include new drugs and revise existing standards. |
| Collaboration |
Works with the pharmaceutical industry, academia, and regulatory bodies. |
| Global Harmonization |
Aims to harmonize the IP with international pharmacopoeias like the USP and BP. |
Get an IAS/IPS ranker as your 1: 1 personal mentor for UPSC 2024
Attend Now
Note4Students
From UPSC perspective, the following things are important :
Prelims level: Legal Practitioners Act, 1879
Mains level: Not Much
Central Idea
- The primary aim of the recent legislative changes is to eliminate ‘touts’ from the legal system and streamline legal practice in India.
- The Legal Practitioners Act, 1879, a colonial-era law, and the Advocates Act, 1961, have been central to the regulation of legal practitioners in India.
- The Bill repeals the 1879 Act and amends the 1961 Act to reduce redundant laws and repeal obsolete ones.
The Legal Practitioners Act, 1879
- Inception and Scope: Enacted in 1880, it aimed to consolidate the law relating to legal practitioners in certain Indian provinces.
- Definition of Legal Practitioner: The Act defined legal practitioners as advocates, vakils, or attorneys of any High Court.
- Introduction of ‘Tout’: A significant aspect was the definition of ‘tout’, referring to individuals who procure clients for legal practitioners for remuneration.
The Advocates Act, 1961
- Consolidation of Legal Practice Laws: This Act was enacted to unify and amend laws relating to legal practitioners and establish Bar Councils and an All-India Bar.
- Pre-1961 Legal Framework: Previously, legal practitioners were governed by multiple acts, including the 1879 Act.
- Law Commission and All-India Bar Committee Recommendations: Post-independence, reforms were suggested by the Law Commission and the All-India Bar Committee, leading to the 1961 Act.
The Advocates Amendment Bill, 2023
- New Provisions: The Bill introduces a new section (Section 45A) in the 1961 Act, focusing on illegal practice and the regulation of touts.
- Punishment for Illegal Practice: It prescribes imprisonment for persons illegally practicing in courts and other authorities.
- Regulation of Touts: The Bill empowers High Courts and district judges to frame and publish lists of touts, ensuring due process before inclusion.
- Penalties for Touts: It includes provisions for punishing individuals acting as touts with imprisonment, fines, or both.
Rationale and Implications
- Streamlining Legal Enactments: The Bill aims to reduce superfluous laws and repeal those that have become obsolete.
- Government’s Policy on Obsolete Laws: In line with the government’s policy to repeal outdated pre-independence Acts, the Bill seeks to modernize legal practice regulations.
- Consultation with Bar Council of India: The amendments were made in consultation with the Bar Council of India, reflecting a collaborative approach to legal reform.
Conclusion
- Addressing Legal System Complexities: The Bill addresses long-standing issues in the legal system, particularly the exploitation of legal complexities by touts.
- Balancing Tradition and Modern Needs: By repealing outdated laws and amending existing ones, the Bill balances the need to respect legal traditions with the demands of contemporary legal practice.
- Future Outlook: These changes are expected to enhance the integrity and efficiency of legal practice in India, contributing to a more transparent and accessible legal system.
Get an IAS/IPS ranker as your 1: 1 personal mentor for UPSC 2024
Attend Now
Note4Students
From UPSC perspective, the following things are important :
Prelims level: Essential Services Maintenance Act (ESMA)
Mains level: Not Much
Central Idea
- The Odisha Government invoked its Essential Services (Maintenance) Act (ESMA) prohibiting strikes by paramedical staff, including nurses, pharmacists and technicians to ensure that medical services are not disrupted.
About Essential Services Maintenance Act (ESMA)
- Description: The Essential Services Maintenance Act (ESMA) is a significant piece of legislation enacted by the Parliament in 1968.
- Constitutional Placement: It falls under list no. 33 in the 7th schedule under the concurrent list of the Indian Constitution.
- Purpose: ESMA is primarily used by states to manage strikes by employees, especially in essential services.
- Essential Services: The Act empowers the government to designate any economic activity or service as ‘essential’, where disruption would impact the normal life of people.
Provisions and Powers under ESMA
- Police Authority: The Act grants police the authority to arrest protestors without a warrant if they violate the provisions of ESMA.
- State-Specific Provisions: Each Indian state has its unique version and provisions of the ESMA.
Right to Strike in Context
- Worker’s Basic Right: Striking is a fundamental means for workers to legitimately promote and defend their economic and social interests.
- Legal Status: While the right to protest is a fundamental right under Article 19 of the Indian Constitution, the right to strike is a legal right with certain restrictions.
- Industrial Dispute Act 1947: This act outlines the legal framework and restrictions for strikes, especially in public sectors and essential services.
- Restrictions in Specific Sectors: Strikes are particularly restricted for public sector employees, banking, oil, metropolitan transport, and education sectors under state jurisdiction.
International Labor Organization (ILO) and the Right to Strike
- ILO’s Stance: The ILO’s Committee on Freedom of Association has established principles regarding the right to strike.
- Essential Services Definition: Essential services are those whose interruption could endanger the life, safety, or health of part or all of the population.
- Examples of Essential Services: The committee identifies sectors like hospitals, electricity, water supply, telephone services, and air traffic control as essential services.
- Restriction on Strikes: Employees in these essential services are generally not permitted to strike.
Problems and Criticisms of ESMA
- Irresponsible Use: The Act has been criticized for its sometimes irresponsible and unwise implementation.
- Suppression of Democratic Rights: ESMA is seen as monopolizing power and suppressing the democratic rights of stakeholders, particularly the right to protest or strike.
- Government’s Overpowering Role: Critics argue that ESMA dangerously skews the balance in industrial relations towards the government in the public sector.
Conclusion
- Debate on ESMA’s Role: The Essential Services Maintenance Act remains a contentious topic, balancing the need for uninterrupted essential services with the rights of workers to strike.
- Need for Responsible Implementation: Responsible and democratic application of ESMA is crucial to maintain this balance.
- Ongoing Discussions: The Act continues to spark debate about the extent of government power and the protection of workers’ rights in essential sectors.
Get an IAS/IPS ranker as your 1: 1 personal mentor for UPSC 2024
Attend Now
Note4Students
From UPSC perspective, the following things are important :
Prelims level: India-Sri Lanka Free Trade Agreement
Mains level: Sri Lanka's land connectivity with India for regional economic integration
Get an IAS/IPS ranker as your 1: 1 personal mentor for UPSC 2024
Attend Now
Note4Students
From UPSC perspective, the following things are important :
Prelims level: Monetary Policy Committee (MPC)
Mains level: RBI's use of measures like an incremental cash reserve ratio and open market sales to manage liquidity
Central idea
The RBI’s recent monetary policy decision maintains a cautious stance, driven by concerns over persistent food inflation and global central banks signaling higher interest rates. Despite a positive economic outlook, challenges include incomplete transmission of past rate hikes and potential risks from interconnectedness between banks and non-banks.
Key Highlights:
- The Reserve Bank of India (RBI) maintained its pause on monetary policy and retained the withdrawal-of-accommodation stance.
- Reasons for the decision include ongoing concerns about inflation, particularly in critical food items, despite a recent decrease.
- Influences from systemically important central banks, such as the US Federal Reserve and the European Central Bank, impact India’s monetary policy.
Key Challenges:
- Persistent risks from food inflation, driven by factors like an uneven monsoon and global food supply uncertainties.
- Impact of higher interest rates signaled by central banks like the US Federal Reserve and the European Central Bank on India’s economy.
- Incomplete transmission of past rate hikes into lending rates poses challenges for the RBI.
Key Terms:
- Monetary Policy Committee (MPC): A committee responsible for framing India’s monetary policy.
- Core CPI Inflation: Consumer Price Index inflation excluding volatile food and fuel components.
- Macroprudential Tools: Measures used by central banks to ensure the stability of the financial system.
Key Phrases:
- “The battle against inflation is far from over.”
- “Systemically important central banks signal higher-for-longer interest rates.”
- “Transmission of past rate hikes into lending rates remains incomplete.”
Key Quotes:
- “The RBI expects consumer inflation at 5.4 per cent this fiscal, while our forecast is slightly higher at 5.5 per cent.” (Authors)
- “The RBI Governor flagged increasing interconnectedness between banks and non-banks, raising the possibility of stress contagion.” (RBI Governor)
Key Statements:
- “Despite rate increases, bank credit growth has sustained over 15 per cent this fiscal, unchanged from last year.”
- “India will continue to be a growth outperformer among large economies this fiscal.”
Key Examples and References:
- Influence of US Federal Reserve and European Central Bank’s higher interest rates on global monetary policies.
- RBI’s use of measures like an incremental cash reserve ratio and open market sales to manage liquidity.
Key Facts and Data:
- RBI’s forecast for consumer inflation: 5.4 per cent.
- GDP growth forecast lifted to 7 per cent for the fiscal year.
Critical Analysis:
- Emphasizes ongoing concerns about inflation, particularly in critical food items.
- Highlights the impact of global central banks’ policies on India’s monetary decisions.
- Raises the challenge of incomplete transmission of rate hikes into lending rates.
Way Forward:
- Monitor and address risks related to food inflation and global interest rate dynamics.
- Continue using measures like liquidity management and macroprudential tools for financial stability.
- Assess and manage potential challenges arising from the interconnectedness of banks and non-banks.
- Anticipate and address the impact of rising interest rates on India’s economy.
Get an IAS/IPS ranker as your 1: 1 personal mentor for UPSC 2024
Attend Now
Note4Students
From UPSC perspective, the following things are important :
Prelims level: Antimicrobial Resistance (AMR)
Mains level: safety and efficacy of pharmaceutical products
Central idea
The study reveals a startling prevalence of unapproved and banned Fixed Dose Combinations (FDCs) of antibiotics in India, posing risks of antimicrobial resistance. The pharmaceutical industry’s exploitation of FDCs to evade regulations, coupled with regulatory inefficiencies, calls for urgent interventions to safeguard public health
Key Highlights:
- Alarming Prevalence: In 2020, 60.5% of antibiotics in India were unapproved FDCs, with an additional 9.9% banned, raising concerns about antimicrobial resistance.
- Patient Compliance vs. Risks: FDCs, aimed at improving patient adherence, pose risks due to potential interactions between combined drugs, necessitating a stringent approval process.
- Pharmaceutical Industry’s Strategy: Exploitation of FDCs allows the industry to evade drug price regulations, contributing to the proliferation of irrational combinations.
Key Challenges:
- Regulatory Framework Inefficiency: Continued sale of unapproved FDCs highlights regulatory inefficiency, allowing non-compliance despite existing legal provisions.
- Reactive Regulatory Measures: Reliance on Section 26A orders reveals a reactive rather than proactive regulatory approach, indicating systemic challenges.
Key Terms:
- Fixed Dose Combination (FDC): Combinations of multiple drugs in a single dosage form, potentially affecting drug interactions and therapeutic efficacy.
- Antimicrobial Resistance (AMR): The ability of microorganisms to resist the effects of medications, posing a global health threat.
Key Phrases:
- Pharmaceutical Industry’s Exploitation: The strategic use of FDCs to avoid regulatory scrutiny undermines the integrity of drug pricing and quality.
- Ineffectiveness of Regulatory Measures: Despite legal provisions, the regulatory system relies on reactive prohibitions rather than proactive prevention.
Key Quotes:
- “Unapproved FDCs may contribute to the AMR problem in India.”
- “The pharmaceutical industry gets to provide its own standards for government testing of FDCs.”
Key Statements:
- Extent of the Issue: The study underscores the alarming prevalence of unapproved and banned FDCs in India, emphasizing the urgent need for regulatory intervention.
- Industry Motives: The article critically examines the pharmaceutical industry’s profit-driven motives, exposing the imbalance between pseudo-innovation for profit and genuine drug development.
- Regulatory Challenges: Scrutiny of regulatory challenges and legal inconsistencies indicates a systemic failure in ensuring the safety and efficacy of pharmaceutical products.
Key Examples and References:
- Academic Study: Reference to the academic study published in the Journal of Pharmaceutical Policy and Practice (2023) highlighting the extent of unapproved FDCs.
- Historical Context: Tracing the issue back to 1978 and subsequent regulatory amendments provides context to the ongoing challenges.
Critical Analysis:
- Industry Practices: The article critically examines the pharmaceutical industry’s motives, highlighting the imbalance between pseudo-innovation for profit and genuine drug development.
- Regulatory Challenges: Scrutiny of regulatory challenges and legal inconsistencies indicates a systemic failure in ensuring the safety and efficacy of pharmaceutical products.
Way Forward:
- Urgent Regulatory Actions: Emphasizes the need for regulatory actions to address the menace of unapproved and banned FDCs, preventing potential contributions to antimicrobial resistance.
- Proactive Regulatory Framework: Calls for a proactive regulatory framework that prioritizes public health over industry interests and plugs existing legal loopholes.
Get an IAS/IPS ranker as your 1: 1 personal mentor for UPSC 2024
Attend Now
